Smith v. Kennedy

Appellee recovered a judgment against appellant in this action for damages sustained while working in a well being dug on defendant’s premises. The cause was tried before the court without a jury.

It is first insisted there was error in overruling demurrer to the complaint.

The two counts of the complaint are based upon the common-law liability of defendant to furnish to plaintiff, the employee, reasonably safe appliances. Huyck v. McNerney, 163 Ala. 244, 50 So. 926. Each count contains the expression that it was “the duty of defendant to furnish safe appliances for said Work,” rather than the…